Substance Use Disorders Harm Reduction

The act excludes injuries involving the possession of drugs or drug paraphernalia from a physician's mandatory reporting requirements. The act also adds an exemption to the prohibition on possessing drug paraphernalia for possession of drug paraphernalia that a person received from an approved syringe exchange program or a program carried out by a harm reduction organization while the person was participating in the program.

With respect to opioid antagonists, the act:

• Clarifies that the civil and criminal immunity that protects a person who acts in good faith to furnish or administer an opioid antagonist also protects a person who distributes the opioid antagonist;
• Specifies that the mere presence of an opioid antagonist is insufficient to establish probable cause to perform a warrantless search or seizure; and
• Updates the term "opiate antagonist" to "opioid antagonist" in current law.

The act specifies that money appropriated to the department of public health and environment to purchase non-laboratory synthetic opioid detection tests may also be used to purchase other drug testing equipment.

The act authorizes an organization operating a clean syringe exchange program to:

• Purchase and distribute other supplies and tools intended to reduce health risks associated with the use of drugs, including smoking materials; and
• Provide drug testing services through the program.

EFFECTIVE June 6, 2024
(Note: This summary applies to this bill as enacted.)